CYIL Vol. 7, 2016

JAN ONDŘEJ – MAGDA UXOVÁ CYIL 7 ȍ2016Ȏ civilians who are not enjoying the protection of international humanitarian law and are therefore under the jurisdiction of the separate states. The acts of the Islamic state and its fighters are punishable by law. UN Security Council Resolution No. 2170 of 2014 recalled that gross, systematic and widespread abuse” of human rights by the Islamic State in Iraq and the Levant (ISIL, also known as ISIS) and their attacks against civilians on the basis of ethnic or religious identity might constitute crimes against humanity and stressed the need to bring those perpetrators, including foreign fighters, to justice . The Security Council urges all States to cooperate in efforts to find and bring to justice individuals, groups, undertakings and entities and to prevent the breaches of human rights. On the basis of the UN Security Council resolutions some acts of a fighter of the so called Islamic state are considered crimes against humanity. They may be even considered war crimes. As a consequence, these individuals can be criminally persecuted by the states of the international community and prosecution by international crime tribunals cannot be excluded. We can conclude that Islamic state is the terrorist organization. 3. The fight of the international community against the Islamic state At present Western powers are waging war against the Islamic state in the Middle East. In the most optimistic scenario the Western powers should try to prevent the atrocities which occurred on the territory of the Islamic state. Provided the situation were resolved and the terrorists were either arrested or eliminated, terrorism in the Western world would not have a chance to succeed. That would be the ideal situation. However, the current state of affairs is different and we are in no way able to approach the ideal situation. It is questionable whether those interventions against the Islamic state are only conducted with the aim of only alleviating the suffering of the civilian population in their respective territory or for other strategic reasons. The Western world may follow its own economic and political objectives. The situation can also be viewed as if the USA were not interested in defeating the Islamic state and, as there are no extreme confrontations and fights where the radicals would be killed, their self-assurance and belief in their faith and ideology are increasing. Some even believe that they secretly support the Islamic state. 40 Terrorists receive huge financial support from the Wahhabi Kingdom of Saudi Arabia. 41 On the other hand, the position of the president of Syria Bashar al-Assad can be seen as a genuine effort to fight against the Islamic state. A part of the Syrian territory was occupied by the Islamic state and its population lives under oppression. The Syrian effort to re-establish order 40 Izraelský expert: USA nechtějí porazit Islámský stát. Rusko v Sýrii řeší své zájmy. A přestaňme před- stírat, že Turecko je náš spojenec. Parlamentní listy.cz [online]. 2015 [cit. 2016-05-20]. Accessible at: http://www.parlamentnilisty.cz/arena/monitor/Izraelsky-expert-USA-nechteji-porazit-Islamsky-stat- Rusko-v-Syrii-resi-sve-zajmy-A-prestanme-predstirat-ze-Turecko-je-nas-spojenec-410163. 41 TODENHÖFER, Jürgen. Inside IS – 10 dnů v „Islámském státě“ . Překlad Vítězslav Čížek. Vydání první. Praha: Ikar, 2015. p. 24.

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